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Joydeb Shil And Others vs State Of West Bengal on 10 February, 2020


Sl. No. 12

Court No.35
CRAN 3046 of 2019
CRA 166 of 2019
Joydeb Shil and others

State of West Bengal

Ms. Suman Sehanabish
… … for the Appellants
Ms. Faria Hossain,
Ms. Baisali Basu
… … for the State

The appellants are serving sentence since 28th January, 2019. They

have sought to be released upon suspension of sentence of seven years’

rigorous imprisonment.

It is submitted by Ms. Sehanabish, advocate, that the appellants

were put to trial and sentenced for the offence punishable under Sections

498A/304B of the IPC on the allegation of demand of Rs.2 lakh and for

torture compelling the deceased to commit suicide. It is also submitted that

the deceased had a love affair with the principal accused and had eloped

and started staying in Gujarat at the workplace of the principal accused.

They came to the village and lived in a separate mess in the same village. It

is admitted that the deceased stayed in her matrimonial home only for 10

days where she committed suicide.

I have seen the report submitted by the Additional District Judge

and the report of the Registrar (Administration) which reflects that the trial

against the principal accused Rabi Shil is yet to commence as he was

missing and untraced since 15.08.2016 and I.C., Kotwali Police Station was

directed to produce the accused Rabi Shil, but he could not be produced.

So, case against him was filed for the present and trial was segregated and

concluded by the impugned judgment against the appellants herein.

Having heard the learned advocates for both the parties and in

consideration of the impugned judgement, I find arguable case.

Accordingly, the appellants are admitted on bail upon furnishing a

bond of Rs.5,000/- (Rupees five thousand only) with two sureties of like

amount each, one of whom must be a local, subject to the satisfaction of

the concerned Chief Judicial Magistrate till the disposal of the appeal or

until further orders whichever is earlier and with further direction that

they will attend before the trial court once in a month and will assist in

ensuing presence of the principal accused in the trial court.

Thus, CRAN 3046 of 2019 is disposed of.

Let the appeal be expedited.

(Shivakant Prasad, J.)

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